About this Event
“But what is a small nation? I offer you my definition: the small nation is one whose very existence may be put in question at any moment; a small nation can disappear and it knows it.” (Milan Kundera, 1984)
“The weak lead perilous lives.” (Kenneth Waltz, 1979)
What lessons might be derived for international courts from Kenneth Waltz’s structural realist theory of international politics?
Like Kundera’s “small nations”, international courts (ICs) can be understood as weak actors in the international system. Building on this conceptualisation, and drawing on the logic underpinning Waltz’s theory of international politics, this paper argues that in an increasingly disordered international setting, IC decision-makers have good reason to weigh prudential institutional interests carefully, with an eye in particular to maintaining institutional survival. Just as weak states necessarily consider their interests and preferences in light of those of more powerful states, so ICs concerned to preserve the ability to pursue their mandates are constrained to take close cognisance of the interests and preferences of the governments of such states, particularly those capable of affecting an IC’s continued operation or survival. In general, moreover, ICs should reasonably be able to accommodate such prudential institutional interests while preserving their authority and legitimacy as judicial institutions: indeed, while the latter attributes may wax or wane over time, they can only be pursued by bodies that are capable of operating. The paper illustrates these observations by reference to the experiences of the WTO Appellate Body, the European Court of Human Rights, and the International Criminal Court.
Speakers:
Professor Henry Lovat
Henry’s research focuses on the nexus of international law and politics, with interests spanning international human rights, humanitarian and criminal law, international trade governance, international dispute settlement and UK constitutional issues and devolution. He has a particular interest in interdisciplinary approaches to international governance issues, and in identifying associated policy as well as academic implications.
Event venue & nearby stays
Dockrill Room, Department of War Studies, (KIN 628), King's College London, London, United Kingdom
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